Kulyakina v. Holder

FILED
NOT FOR PUBLICATION DEC 29 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HAKUMAT SINGH RAI, No. 06-73875
Petitioner, Agency No. A076-841-572
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Hakumat Singh Rai, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum, withholding of removal,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
JK/Research
and protection under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Don v.
Gonzales, 476 F.3d 738, 741 (9th Cir. 2007), and we deny the petition.
The record does not compel reversal of the IJ’s adverse credibility
determination based on Rai’s lack of knowledge regarding the political party which
he supported, see Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir. 2004), as well
as inconsistencies in Rai’s testimony as to the date that he began supporting his
political party, see Don, 476 F.3d at 741-42. In the absence of credible testimony,
Rai’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348
F.3d 1153, 1156 (9th Cir. 2003).
Because Rai’s CAT claim is based on the same evidence that the agency
found not credible, and he points to no other evidence showing it is more likely
than not he would be tortured if he returns to India, Rai’s CAT claim fails. See id.
at 1156-57.
PETITION FOR REVIEW DENIED.
JK/Research 2 06-73875